The Maharashtra Medical Council Rules, 1967

Transcription

1 The Maharashtra Medical Council Rules, 1967 No. MMC.1055/ Unification-1,- In exercise of the power conferred by sub- section ( and ( of section 30 of the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965) and of all other power enabling it in this behalf, the Government of Maharashtra hereby makes the following rules the same having been previously published as required by sub-section ( of the said section 30, namely CHAPTER I PRELIMINARY 1. Short Title. These rules may be called the Maharashtra Medical Council Rules Interpretation In these rules, unless the context requires otherwise, a) "Act" means the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965); b) "Form" means a form appended to these Rules; c) "Section" means a section of the Act. CHAPTER II ELECTION Part I 3. Representatives of Medical Faculties of Universities : The Registrar shall by notice in writing inform the Registrar of every University established by law in the state that the term of office of the member is due to expire on the date specified in the notice, such notice being given not later than sixty days before the expiry of such term; and likewise inform the Registrar of such University of every casual vacancy within thirty days of its occurrence; and call upon the Registrar of such University to hold the election before the date specified in the notice. The notice shall be sent by registered post. The name of the person elected shall, as soon as possible but not later than seven days after the date of declaration of the result of the election, be communicated by 1the Registrar of such University to the state Government. Part II 4. Representative of the College of Physicians and Surgeons, Bombay : The Registrar shall by notice in writing inform the President of the College of physicians and Surgeons, Bombay, that the term of office of the member is due to expire on the date specified in the notice such notice being given not later than sixty days before the expiry of such term; and likewise inform the President of the College of physicians and Surgeons, Bombay, of every casual vacancy within thirty days of its occurrence and call upon the president to hold the election before the date specified in the notice. The notice

2 shall be sent by registered post. The name of the person elected shall as soon as possible but not later than seven days after the date of declaration of the result of the election, be communicated by the president of the College of physicians and Surgeons, Bombay, to the state Government. Part III Representative of Registered Medical Practitioners 5. Preparation of Electoral Rolls. : For the purpose of election under clause (d) of sub-section ( of section 3, the Registrar shall prepare the electoral roll of registered practitioners from the register of medical practitioners. The electoral roll shall include the names of all practitioners on such date prior to the date of notice published under rule (8) as may be fixed by the Council for each election. The electoral roll shall be kept open for inspection in the office of the Council at least thirty days before the last date fixed for receipt of nomination papers under rule 7. The Registrar shall at the same time issue a notice in the Official Gazette and in four newspapers in Form 1, calling upon the registered practitioners to send their objections or suggestions, if any, with regard to the entries in the electoral roll before a date specified in the notice, which will not be earlier than fifteen days of the publication of the notice. All objections received before the date specified in the notice shall be considered by the Registrar and corrections made, if necessary in the electoral roll. Any practitioner aggrieved by the decision of the Registrar may, within five days from the date of receipt of the order, prefer an appeal to the State Government. 6. Returning Officer. The State Government shall appoint a person, not below the rank of Under Secretary to Government to be the Returning Officer. The staff of the Council's office shall assist the Returning Officer for conducting elections smoothly. The Returning Office shall issue such necessary instructions to all Presiding Officers, Polling Officers and other staff appointed by District Collector for conducting election and counting of votes as required to maintain complete secrecy in the process. 7. Fixation of the stages of election. The Returning Officer shall fix the date, hour and place for the following stages of the election, namely a) receipt of nomination papers; b) scrutiny of nomination papers; ba) withdrawal of candidature; c) receipt of ballot papers ; and d) counting of votes. The date of the receipt of nomination papers shall be not less than forty days before the date fixed for the receipt of ballot papers. The date fixed for scrutiny of nomination

3 papers shall be not less than thirty five days before the date fixed for receipt of ballot papers. The date fixed for withdrawals of candidature shall be not later than three days after completion of scrutiny of nomination papers or, if that day is a public holiday, the next succeeding day which is not a public holiday. 8. Notice of Election. At least thirty days before the date fixed for the receipt of nomination papers, the Returning Officer shall publish in the Official Gazette and in at least four newspapers selected by him a notice in Form 2 notifying the dates fixed under rule 7 and calling upon the electors to elect new members and to send nominations for the purpose. 9. Nomination of candidates. Every registered practitioner whose name appears in the electoral roll prepared under rule 5 (hereinafter referred to as the elector in this part) shall be qualified for election under this part. Candidates qualified for election shall be proposed and seconded by practitioners qualified as electors. The nomination papers shall be in Form 3 and the forms shall be supplied by the Registrar to every candidate on his requisition. 4) Every nomination papers duly completed and signed by the proposer and the seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and the time appointed under rule 7 for receipt of nomination papers. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of a nomination paper record thereon the date and the time of its receipt by him. 10. Scrutiny of Nomination papers. On the date appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may attend at the appointed time place, and the Returning Officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule Disposal of objections; Rejection of Nomination. The Returning Officer shall examine the nomination papers and shall decide all objections and may, either on such objection or on his own motion, after such summary enquiry, if any as he thinks necessary, refuse any nomination for any of the following reasons, namelya) that the candidate or his proposer or his seconder is not an elector; b) that there has been any failure to comply with the provisions of the Act or the rules made thereunder relating to elections to the Council; c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud;

4 Where an elector has subscribed as proposer or seconder a larger number of nomination papers than there are vacancies to be filled, only such of the papers so subscribed as have been first received upto the number of vacancies to be filled shall, subject to the provisions of sub-rule ( be deemed to be valid; and the rest shall, be deemed to be invalid and rejected. 12. Completion of Scrutiny. The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected; and in case the nomination paper has been rejected, the reasons there for. The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed. 13. Withdrawal of Candidature. Any candidate may withdraw his candidature within three days of completion of scrutiny of nominations by a notice in writing signed by him and delivered by post or hand to the Returning Officer. 14. List of Contesting Candidates. On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 13, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of contesting candidates. 15. Procedure at Uncontested Election. After the publication of the list of contesting candidates if the number of contesting candidates does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies, and report the names of such candidates to the state Government. 16. Contested Election. When there are more contesting candidates than vacancies, the voting shall be by secret ballot in person and no votes shall be received by proxy or by post. The Returning Officer shall forthwith publish the name and addresses of the contesting candidates in the Official Gazette and on the notice board at the office of the Council. The election shall be held in each District headquarters under the supervision of the District Collector. 17. Printings of Ballot Papers. The Returning Officer shall arrange for the printing of I ballot papers in Form 4 with the names of the contesting candidates entered therein *[*******]. The names of candidates shall be arranged on the ballot paper in the same order in which they appear in the list of the contesting candidates. If two or more candidates bear the same name, they shall be distinguished by addition of their occupation or residence or in the some other manner. * The words in alphabetical order according to the Devnagari script" deleted by G.N. dated

5 18. Arrangement at Polling stations. The following information shall be displayed outside each polling station prominently, namely a) a notice, specifying the names and registration numbers of medical practitioners who are entitled to vote at the polling station and where the polling station has more than one polling booth, at each one of such booth, the particulars of voters allotted to such booth, and b) a copy of the list of contesting candidates. The District Collector shall appoint necessary staff for conducting elections, and provide at each polling station a sufficient number of ballot boxes, ballot papers, list of names and registration numbers of registered medical practitioners entitled to vote at district polling station, instruments for stamping the distinguishing mark on the ballot papers and articles, necessary for voters to mark the ballot papers, and such other equipments and accessories as may be required for taking the polls at such polling station. The staff appointed for conducting lection shall strictly obey the instructions and directives given by the Returning Officer to them from time to time during the course of election. 19. Ballot boxes and preparation of ballot boxes for poll. Every ballot box shall be of such design as may be approved by the District Collector. The Presiding Officers shall secure and seal the ballot box in such manner that the slit for insertion of ballot papers remains open and it is not possible to open the ballot box without breaking the seal. The Presiding Officer shall allow the polling agents present, to affix, if they so desire, their seal. Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents as are desirous of affixing the same. 20. Admission to polling station and issue of ballot papers. The Presiding Officer shall regulate the number of voters, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than polling officers, public servants on duty in connection with the election; persons authorized by the District Collector or the Returning Officer, candidates, their election agents and polling agent of each candidate; and a person accompanying a blind or infirm voter who cannot move without help. The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters, i.e., registered medical practitioners by checking their Registration Certificate issued to them by the Maharashtra Medical Council. As voter enters the polling station, the Presiding Officer, or the Polling officers authorized by him in this behalf, shall ask voter to show his or her registration certificate and shall check the voter name and other particulars with the relevant entry in the list of

6 voters. On satisfying about voter's identity, he shall put an indelible ink mark on his left middle finger or any other finger of his left hand in case his left middle finger is missing, or on his right middle finger, if his left hand is missing. 4) In deciding right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officers as the case may be, shall overlook merely clerical or printing errors in an entry in the list of voters, if he is satisfied that such person is identical with the voter to whom such entry relates. 5) Every ballot paper, before it is issued to a voter, and the counterfoil attached thereto, shall be stamped on the back with such distinguishing mark as the District Collector may direct, and every ballot paper, before it is issued, to a voter, shall be signed in full on its back by the Presiding Officer. 6) The Presiding Officer shall deliver ballot paper to a voter after obtaining the signature of the voter on the counterfoil of the ballot paper. 7) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll and after the hour fixed for the closing of the poll. However, ballot papers shall be issued to those voters who are present at the polling station at the time of closing of poll and such voters shall be allowed to record their votes even after poll closing hour. 21. Voting procedure. The voter on receiving the ballot paper shall forthwith, a) proceed to one of the voting compartment; b) there make a mark the ballot paper with the instrument supplied for the purpose on or near the name of the candidate for whom he intends to vote; c) after recording his vote, the voter shall put the ballot paper the ballot box after folding the ballot paper so as to conceal his vote; d) quit the polling station; e) every voters shall vote without undue delay; f) no voter shall be allowed to enter a voting compartment when another voter is inside it. In case if the voter violates the procedure as laid down in sub-rule(, even after warning given by the Presiding Officer, the ballot paper issued to him shall, whether he has recorded his vote theron or not, taken a back from him by the Presiding Officer, or Polling Officer under the guidance of the presiding Officer. after the ballot paper has been taken a back, the Presiding Officer shall record on its back the words "Ballot papers voting procedure violated" and shall keep all such ballot papers in a separate cover. The votes if recorded on such ballot papers shall not be counted. 4) The Presiding Officer shall issue another ballot paper to a voter if the ballot paper issued first is spoilt by him inadvertently or due to any other reason. Such ballot papers shall be marked "Spoilt-cancelled" and kept in a separate cover.

7 22. Closing of Polls. As soon as practicable after the closing of the poll, the Presiding Officer shall, in the presence of any candidates or their agents, close the slit of the ballot box, and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal. The ballot box shall therafter be sealed and secure. Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first ballot box shall be closed, sealed and secured as provided in subrules ( and ( before another ballot box is put in use. 4) the Presiding Officer shall at the close of poll prepare a ballot paper account and enclose it in a separate cover with the words. "Ballot Paper Account" superscribed thereon. 5) the Presiding Officer shall then make into separate packetsa) the marked copy of the voters list; b) the counterfoils of the used ballot papers; c) the ballot papers signed in full by the Presiding Officer but not issued to the voters; d) any other ballot papers not issued to the voters; e) the cancelled ballot papers; f) any other papers directed by the Returning officer to be kept in a sealed packet. 6) the Presiding Officer shall then deliver or caused to be delivered to the Returning Officer at such place as the Returning Officer may direct,i) the ballot boxes; ii) the ballot paper account; iii) the sealed packets referred to in sub-rule(5); and iv) all other papers used at the poll. 23. Scrutiny and Counting of Votes. The scrutiny and counting of votes shall be undertaken by the Returning Officer at the time, on the day and at the place appointed under rule7. A candidate and not more than one representative duly authorized by him may remain present at the time of counting of votes. The whole ballot paper shall be treated as invalid * [a) [*******]

8 * b) if the make (x) is placed opposite the name of more candidates than the number of seats to be filled or if more vote are given than he is entitled to under sub- rule ( of rule 21; c) if the elector has put his signature on the ballot paper or has made any other mark thereon which may reveal his identity. [4) ****************] 5) If the mark (x) is so placed as to make it doubtful to which candidate the elector has given his vote, the vote shall be deemed to be invalid *[*******]. 6) If any elector has given more than one vote to any candidate, only one of such votes given shall be taken to be valid, provided that the ballot paper is other wise not invalid. * Deleted by G.N. dated Declaration of Result of Election. When the counting of votes is completed, the Returning Officer shall forthwith declare the candidates to whom the largest number of votes has been given to be elected. If there is an equal number of votes in favour of each of two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by drawing lot. The Returning Officer shall also inform each successful candidate by letter of his having been elected to the Council and report to the State Government the date of declaration of the election, and the result thereof. After the result of the election has been declared by him, the Returning Officer shall seal the ballot papers and all other documents relating to the election and shall retain the same with himself in safe custody for a period of six months, and thereafter cause them to be destroyed. 25. Filling of Casual Vacancy. If there is a vacancy of a member elected under clause (d) of subsection ( of section 3, the president shall, subject to the provision contained in the proviso to sub-section ( of section 5, take steps to fill it up as soon as possible by election in accordance with the procedure in rules 5 to 24 above. Part IV 26. Election of President and Vice-President. - As soon as possible after the president or Vice-President as the case may be ceases to hold office either because of the expiry of the term of office or for any other reason whatsoever, the Council shall proceed to elect the successor President or Vice- President. Part V 27. Time limit for referring election disputes. The time limit for referring any dispute referred to in section (7) of section 3 to the State Government shall be thirty days in the case of elected members from the date of declaration of the result of election and in the case of election of the president or Vice- President, from the date of their election.

9 CHAPTER III CONDUCT OF BUSINESS OF THE COUNCIL 28. Calling of Meetings. The Council shall ordinarily meet for the transaction of business in the months of February and September in each year; but the President may, wherever he thinks fit, and shall, upon a written requisition of not less than seven members and on a date not later than 15 days after the receipt of such requisition, call an extraordinary meeting. The exact date, hour and place of such meeting shall be decided by the President. 29. Notice for calling a meeting. All members of the Council shall be given thirty clear days' notice of an ordinary meeting and ten clear days' notice of an extraordinary meeting. Every notice shall also be posted at the office of the Council. Such notice shall specify the date, time and place of the meeting and state whether the meeting is for general business or for any special business. If the meeting is for a special business the nature of such business shall also be mentioned in the notice The Registrar shall sent to all members a copy of the agenda and explanatory notes thereon ten clear days' before the date fixed for an ordinary meeting. 30. Motions for insertion in Agenda. Any member may send a motion to be inserted in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the date fixed for the meeting. The Registrar shall take the orders of the president for inclusion of such motion in the agenda, and where any motion is disallowed the reasons for doing so shall also be communicated along with the agenda to the member who sent the motion. Provided that the President may, for reasons to be recorded in writing, accept any motion received after the expiry of the aforesaid period. 31. Attendance at Meetings. At each meeting an attendance Register shall be placed in the meeting room and every member present shall sign against his name in the register. 32. Business to be transacted at Meeting. At an ordinary meeting no business or proposition other than that specified in the agenda and in the case of an extraordinary meeting in the written request made for convening such meeting shall be transacted; Provided that, the presiding authority may permit any business or proposition to be discussed which is of an urgent nature and which could not reasonably by entered in the notice. 33. Adjournment of Meeting. Subject to the provisions of sub-section (5) of section 8, the presiding authority may, at any time for reasons to be recorded in writing, adjourn the meeting to any future day or to any hour of the same day. Whenever a meeting has been adjourned to a future day, the Registrar shall, if possible, send a notice of the adjournment to every member. When a meeting has been adjourned to a future day, the president may change such day to any other day, and the Registrar shall send a written notice of the change to each member

10 4) of the Council. At an adjourned meeting the business that is left indisposed of at the original meeting from which the adjournment took place shall, unless the president otherwise directs, take precedence over new business. 34. Minutes of Meeting. Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting respectively for or against any motion. This book shall be signed, by the president at the next meeting after the minutes are confirmed and shall, at all reasonable times be open to inspection by any member of the Council. Copies of the minutes shall be supplied to every member of the Council within thirty days from the date of the meeting. 35. Circulation of written proposition. Whenever it appears unnecessary to the president to convene a meeting, he may, instead of convening a meeting, circulate a written proposition with the reasons for such proposition for the observation and votes of the members of the Council and thereupon the provisions of rule 34 shall mutatis mutandis apply. 36. Fees for attendance at meetings. Every member of the Council (including the president) who is not a Government servant shall be paid a fee of rupees one hundred per day for attending a meeting of the Council 37. Travelling Allowance for attending meetings. The members of the Council (including the president) shall be paid travelling expenses for attending the meetings of the Council, as followsi) Members who are Government servants may draw the travelling and halting allowance which they may be entitled to claim for travelling on official duties according to their grades under the Bombay Civil Services Rules 1959; ii) Non-official members shall draw traveling allowance according to rule 1(i) (b) in section 1 of Appendix XLII-A to the Bombay Civil services Rules, 1959; Provided that, if a non-official member travels by air, he shall draw air fare according to the rules applicable to the Government officers of the first grade. A certificate to the effect that the journey (one way or both ways, as the case may be) was performed by air shall be attached to the traveling allowance bill. CHAPTER IV Executive Committee 38. Number of Members. The Executive Committee shall have six elected members in addition to the President, the Vice-President and the Surgeon General with the Government of Maharashtra. 39. Term of office. The members of the Executive Committee shall hold office for one year from the date of their election; Provided that, the term of office of the outgoing members shall be deemed to extend to and expire with the day immediately preceding the date on which their successors are elected.

11 40. Disability to continue as Member. A member shall cease to be a member of the Committeea) if he cease to be a member of the Council; or b) if he remains absent from two consecutive meetings of the Committee without the leave of the Committee. 41. Resignation of Member. A member may resign at any time by a notice in writing to the president. Such resignation shall take effect from the date on which it is accepted by the President. 42. Casual vacancies. The Council shall as soon as there is a casual vacancy in the office of a member of the Executive Committee fill it up by electing a member from amongst its members: Provided that, any such vacancy, occurring within two months prior to the expiry of the term of the members, shall not be filled. A member elected under sub-rule ( shall hold office so long as the member in whose place he is elected would have held it, if the vacancy had not occurred. 43. Calling of meeting. The Committee shall ordinarily meet once every two months on such date as may be fixed by the President. The president may wherever he thinks fit and shall, upon a written requisition of not less than 2 members and on a date not later than seven days after the receipt of such request, call an extraordinary meeting. 44. Notice of meetings. All members of the Executive Committee shall be given seven clear days notice of an ordinary meeting and three clear days' notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time of the meeting, and state whether the meeting is a general meeting or a special meeting and the business to be transacted thereat. 45. Presiding Authority. The president, when present, shall preside at every meeting of the Committee. If at any meeting the President is absent, the Vice-President shall preside at such meeting. In the absence of both the members present shall elect the presiding authority from amongst themselves. 46. Attendance at Meetings. At each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register, Five members including the President shall form a quorum. 47. Business to be transacted at meeting. At any ordinary meeting no business other than that specified in the notice calling such meeting and in the case of an extraordinary meeting in the written request made for convening such meeting shall be transacted; Provided that, the presiding authority may permit any business to be discussed which is of

12 urgent nature and which could not reasonably be entered in the notice. 48. Adjournment of meeting. If there is no quorum present, the presiding authority shall adjourn the meeting to another day, and cause a notice to be posted on the notice-board at the office of the Council and sent to each member of the committee. The business which would have been brought before the original meeting had there been a quorum thereat shall be *[*******] disposed of at such meeting whether there be a quorum or not. Any special or ordinary meeting may, with the consent of a majority of members present, be adjourned from time to time; but only the business left indisposed of at the meeting from which the adjournment took place shall be transacted at the adjourned meeting subject to the proviso to rule 47. * Deleted by G.N. dated Decision at meeting. All questions at a meeting of the Executive Committee shall be decided by a majority of votes of the members present, and voting. The presiding authority shall have second or casting vote in all cases of equality of votes. 50. Minutes of meeting. Minutes of the proceedings of each meeting of the Committee shall be kept in a book to be kept for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting for or against any question. This book shall be signed by the Presiding Authority at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Committee. Copies of the minutes shall be supplied to every member within fifteen days from the date of the meeting. 51. Powers, duties and functions of Executive Committee. The Executive Committee shall consider all petitions of applications addressed to the Council and shall submit its report thereon to the Council. The Committee shall consider and prepare a report on any subject which may seem to require the attention of the Council or on such subject as may be indicated to it by the Council. The Committee shall consider and report to the Council on all matters concerning the inclusion or deletion of any Qualification in or from the schedule to the Act. 4) The committee shall call from the authorities of any Medical College or School from any examining body such information as may be required by the Council and place it before the Council with its report. 5) The returns of professional examinations and their results shall be collected by the Executive Committee which shall prepare annually a table of results of such examinations to be laid before the Council.

13 52. Fees for attendance at meetings. Every members who is not a Government servant, shall be paid a fee of rupees sixty per day for attending a meeting of the Executive Committee. 53. Traveling allowance for attending meetings The members shall be paid traveling expenses for attending meeting of the Executive Committee as per rates specified in rule 37. Chapter IV-A President's Powers and Duties 53-A. Powers, duties, etc. of president to be exercised in his absence. Subject to the provisions of the Act, and save as expressly provided in these rules, all the powers, duties and functions of the President may, during the absence of the President, be exercised or performed by the Vice- President. Chapter V Registration 54. Form of register and further particulars to be included. The register shall be in Form Division of register. Part I shall contain the names of practitioner who possess any of the qualifications included in the First or the Second Schedule or in Part II of the Third schedule to the Indian Medical Council Act, 1956; Part II shall contain the names of practitioners who possess any of the qualifications included in Part I of the Third Schedule to the Indian edical Council Act, 1956; *[*******] Part III shall contain the names of other registered practitioners. * Deleted by G. N. dated Application for registration. An application for registration shall be made in Form 7 which will be supplied by the Registrar on request. 57. Notice to certain practitioners in register. For the purpose of clause (b) of subsection (5) of section 16, the registrar shall publish a general notice in Form 8, and also send an individual notice in From 9, to every person whose name is entered in the register under clause (a) of sub-section (5) of section Manner of paying fee. The fee of two rupees to be paid under clause (b) of sub-section ( of section 16, shall be paid either in cash in the office of the Council or by crossed postal order or by money order. 59. Certificate of Registration. The certificate of registration to be given to every registered practitioner under sub-section (7) of section 16 shall be in Form 10.

14 59-A. Removal of name from register on the practitioners' request. A Registered Medical Practitioner may himself make an application for the removal of his name from the register. The application shall be accompanied by a declaration made by the applicant that no proceedings for the purposes of section 22 of the Act, are pending against him or that he is not aware of any proceedings or of any reason for the institution of any proceedings which might result in the removal of his name from the register or in depriving him of qualification entitling him to be registered. Every such application shall, in the first instance, be referred by the Registrar to the authorities who granted the applicant his qualification or qualifications to ascertain whether there is any valid objection to such removal. The Registrar shall bring such application before the next meeting of the Council or Executive Committee, which will consider the application and any objections thereto, and the President may put from the chair the questions; Whether the Registrar shall remove the applicant's name from the register? 4) If the Council or the Executive Committee, as the case may be, grants the application, the Registrar shall remove the applicant's name from the register and send notice of such removal to the applicant by a registered letter addressed to his registered address, 60. Provisional Registration. Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 shall apply to the Registrar in Form 11 which will be supplied by the Registrar on request. The certificate of provisional registration shall be in Form 12 and shall be printed on paper of a colour different from the paper on which the certificate of registration under rule 59 is printed. 61. Renewal of Registration. The Registrar shall publish the first notice under clause (a) of section 23 in From 13, and the second notice thereunder in Form 14. The notice sent by the Registrar to every registered practitioner under clause (b) of section 23, shall be in Form 15 and the accompanying form of application in Form 16. The further notice sent to individual registered practitioners failing to return the applications in response to the earlier notice shall be in Form 17. Chapter VI Inquiries 62. Complaints against registered practitioners. The Council may suo- motu or on any complaint made to it in that behalf hold an inquiry as respects the misconduct of any registered practitioner for the purposes of section 22 of the Act. Any complaint or information received in the office of the Council about the misconduct of any registered practitioner shall be submitted by the Registrar to the president.

15 No complaint shall be entertained unless it is in writing addressed to the Council and signed by the person making it, and shall state the grounds of complaint, and shall be accompanied by declarations as to the facts of the case. All anonymous complaints may be disregarded. 4) Every declaration shall state the description and true place of abode of the declarant, and where a fact stated in a declaration is not within his personal knowledge, the source of the information, and grounds for the belief of the declarant in its truth shall be accurately and fully stated. Any declaration or part thereof which is made in contravention of this rule shall not be accepted as evidence. 5) If the President has reason to believe that a complaint is pseudonymous, he may call upon the complainant to furnish further particulars, for ascertaining if the complaint is genuine. 63. Procedure for submission of complaint to executive Committee. Subject to the provisions of rule 62, the President may, on going through the complaint and all papers submitted by the complainant, instruct the Registrar to ask the practitioner by means of a registered letter for any explanation he may have to offer. All the documents pertaining to the complaint including any explanation forwarded by the registered practitioner shall then be referred to the Executive Committee along with the remarks of the president, if any. 64. Power of Executive Committee to refer complaint to Council. The Executive Committee shall consider the complaint, and may cause further investigation to be made and may take such legal advice by consulting any legal practitioner as it may deem fit. The Committee shall, after consideration of the case, record its opinion and refer it to the council for decision. 65. Action to be taken by Council when case is referred to it. When a case is referred to it under sub- rule ( of rule 64, the Council maya) d) direct the Registrar to call for such additional information as it may desire to have about the points arising in the case; direct the Registrar to file the papers if in its opinion no prima facie case is made out against the medical practitioner; exonerate the medical practitioner of the charges leveled against him if the explanation offered by him is considered satisfactory by the Council; or direct an inquiry to be held in accordance with rules 66 to Cases in which Council to hold inquiry, power of Council to appoint assessor. In all cases in which an inquiry for purposes of clause (b) of subsection ( of section 22 is necessary an inquiry shall be held by the council in accordance with the procedure prescribed in rule 67 to 73; and for that purpose the Council may appoint an assessor to advise it as provided in sub-section (8) of section 22 of the Act; b) c)

16 Provided that, such inquiry shall not be necessary in cases where a registered practitioner has been convicted for misconduct within the meaning of clauses (i) and (ii) of the Explanation to sub,-section ( of section 22. In such cases, the president shall obtain and place before the Council a copy of the Court's Judgment and the Council shall thereupon decide upon the penalty to be imposed under rule 73 read with section 22 of the Act. An Assessor appointed shall be paid a remuneration of rupees three hundred per day for attendance at an inquiry. 67. Notice of charges on Registered Practitioner. The President shall cause to be served on the registered practitioner a notice in Form 18 subject to such variation as the circumstances of the case may require. Such notice shall specify the nature and particulars of the charge and shall inform him, of the day in which the Council intended to deal with the case, and shall call upon the practitioner to put in his written statement of his defense within a period of not less than fifteen days or such other period not exceeding sixty days as may be permitted by the Council, and to attend before the Council on such day. The notice shall be sent three weeks before the date of inquiry. Such charge shall be drawn clearly and precisely. The notice shall be accompanied by a statement of allegations on which each charge is based. The relevant allegations as to facts, the inferences which they lead to, and the circumstances supporting such inferences shall be clearly mentioned along with any other circumstances proposed to be considered while passing orders on the case. Copies of the relevant documents, if any (including any document given or sent to the Council by or on behalf of the other party which such other party shall be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of inquiry) shall also be supplied to the registered practitioner alongwith the notice and statement of allegations. 4) Copies of any other documents or statements required by such practitioner to prepare his defence may also be supplied to him on request or he may be allowed to take copies. 68. Reply to notice. The registered practitioner shall, within the time specified in the notice or such extended period as is permitted by the President, put in written statement of his defense, and state whether he desires to be heard in person by the Council. 69. Council and complainant if any, to be supplied with copies of all documents etc. Copies of all material documents including the written statement of defence, if any, which is placed before the Council as evidence in regard to the case shall be supplied to all members of the Council before the hearing of the case commences. The complainant may, on application in writing, obtain copies of any explanation, statement or other documents put forth in the defence by the registered practitioner. 70. Legal assistance at inquiry. At the hearing of the case by the Council, the Council may be represented by any legal practitioner and the complainant, if any, and the practitioner may also be represented or assisted by their legal practitioner;

17 Provided that, where any advice is tendered to the Council by an assessor appointed under section 22 on any question of law, as to evidence, procedure or any other matter such advice shall be subject to the provisions of section 22 Of the Act. 71. Procedure of inquiry. Where a complainant appears personally or by a legal practitioner, the following procedure shall be followed, namely- a) The Registrar will read to the Council the notice of enquiry addressed to the practitioner. b) The complainant will then be invited to state his case by himself or his legal practitioner and to produce his evidence in support of it. At the conclusion of the evidence of the complainant, his case will be closed. c) The practitioner will then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence, but only once. d) At the conclusion of the practitioner's case, the Council shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will hear no further evidence except in any special case in which the Council may think it right to receive such further evidence. If the practitioner produces no evidence, the complainant will not be heard in reply except by special leave of the Council. e) Where a witness is produced by any party before the Council will be first examined by the party producing him, and be cross examined by the adverse party, and then re-examined by the party producing him. The Council reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross examination. f) The president and the assessor, if any, appointed under section 22 may put questions to the complainant and registered practitioner including any of their witnesses; and members of the Council, through the President, may likewise put questions to them. Where there is no complainant or no complainant appears, the following procedure shall be followed namely. a) The Registrar shall read to the Council the notice of inquiry addressed to the practitioner, and will state the facts of the case and produce before the Council the evidence by which it is supported. b) The practitioner shall then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence, but only once. c) The legal practitioners of the Council, if any, may be heard in reply if the Council so desires,

18 72. Record of proceedings at inquiries. The President shall keep a record of proceedings at the inquiry held under rule 71 including the evidence of each witness. 73. Power of Council to give further opportunity to practitioner to make statement. Notwithstanding anything contained in rule 71, after completion of the inquiry the registered practitioner shall be given a further opportunity of making any oral or written statement. Copies of such evidence as are required by the registered practitioner for making such statement shall be supplied to him. 74. Decision of Council and Implementation. As soon as the hearing of the case is over and the registered practitioner has made his oral or written statement, if any, the Council shall deliberate thereon in private and at the conclusion of the deliberation, the president shall pronounce its decision immediately thereafter or at any time thereafter in terms; of clause (a) or (b) of sub-section ( of section 22; and thereupon the President shall direct the Registrar to inform the parties of the decision of the Council by a registered Cellar and to implement the decision. 75. Re-entry of name of practitioner in register. Every application for re-entry of name in the register shall be in Form 19 and specify the grounds on which the application is made. The application shall be accompanied by the applicant's certificate of degree, diploma or licence and also by a certificate from any Gazetted Officer of the State Government or from a Justice of the peace as to his good character since the removal of his name from the register. The President shall cause such inquiries to be made as be deems fit in respect of the application and place it before the Council at its next meeting for decision. The decision of the Council shall be communicated to the applicant and if the Council agrees to re-enter the name in the register a fee of fifty rupees be paid by the practitioner before his name is re-entered in the register by the Registrar. Chapter VII Appeals 76. Appeal. Every appeal by a person aggrieved by any decision of the Registrar shall be addressed to the President, shall state the grounds for the appeal and shall be accompanied by all relevant documents in original which shall be returned along with the decision communicated under sub-rule (. The President may call for any additional particulars that may be required after going through the appeal, and the original papers on which the Registrar has given his decision. The appeal shall be placed before the next ordinary meeting of the Council The Council shall after giving a hearing to the appellant and the Registrar, take a decision which shall be communicated to the appellant by registered post.

19 Chapter VIII 77. Conditions of Service of Registrar and other Staff and Supervisory Powers and Duties of Registrar Registrar. The post of Registrar shall be permanent. The Registrar shall be a full-time Officer of the Council and shall not do any other work except with the permission of the Council. Any person, on his first appointment to a clear vacancy in the office of the Registrar, shall be on probation for one year. The Registrar shall draw pay in the scale of Rs E.B (city) and dearness allowance at the rate admissible to Government servants drawing an equivalent pay. 78. Other employees of Council. No officer or servant of the Council shall without the previous permission of the Council engage himself in any work unconnected with the work of the Council. 79. Attendance. The Registrar and other employees of the Council shall attend office at the hours prescribed by Government for Government Offices in Greater Bombay and at other times when considered necessary. The Registrar shall not absent himself from duties without permission of the President. The other employees of the Council shall not be absent from their duties without permission of the Registrar. 80. Leave. Leave can not be claimed as of right. The President shall grant leave to the clerical staff of the Council. Leave to peons shall be granted by the Registrar. Discretion to refuse or cancel leave of any description is reserved to the authority competent to sanction leave. Casual leave may be given for special and unforeseen circumstances for a period of not more than eight days at a time, the total period of leave in a year being limited to fifteen days. Casual leave may, with the permission of the sanctioning authority, be prefixed or affixed to Sunday and holidays. Every employee of the Council (including the Registrar and temporary employees) may be granted leave according to the provisions of Bombay Civil Service Rules, Retirement. The normal age of retirement for all employees including the Registrar shall be 58 years; Provided that, the Council may, with the previous sanction of the state Government, grant extension of service to any employees for periods not exceeding one year at a time. 82. Resignation. The Registrar may leave service of the Council after giving three months' notice. If he leaves without giving notice he shall forfeit three months' pay.

20 Any other employee of the Council may leave service after giving one month's notice if he is temporary, and three months' notice, if he is permanent. In the case of failure to give the required notice, the employee shall have to forfeit pay for the notice period. 83. Termination of services. The Council may terminate the services of any employee other than the Registrar after due enquiry giving such employee fair opportunity to explain as to why his services should not be terminated. The Council may also impose any other minor penalty on any employee other than the Registrar after giving such employee a show cause notice; Provided that, it shall be lawful for the Council to terminate the services of its employee who is appointed on a purely temporary basis and who has given an under-taking that his services are liable to be terminated at any time without notice and without assigning any reason. In case of serious default by any employee other than the Registrar, the President may suspend such employee pending a full-fledged enquiry. During the period of suspension, such employee may be paid subsistence allowance according to the provisions of the Bombay Civil Services Rules. 84. Provident Fund. The Council shall establish a provident fund which shall be administered, maintained and used in accordance with the rules prescribed in Schedule 'A' to the rules. The provident fund of the Maharashtra (Bombay area) Medical Council shall be merged with and form part of the provident fund establish under these rules. Subscription to the provident fund shall be compulsory for all permanent officers and servants of the Council and for all temporary officers and servants, who have put in more than one year's continuous service. 85. Duties of Registrar. The Registrar shall have general control over the management of the office. All the other employees shall be directly under the Registrar, who shall assign to them their duties. The Registrar shall keep the registers in accordance with the provisions of the Act and these rules. The Registrar, as Secretary of the Council shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these rules. 86. Maintenance of account books and other registers. The Registrar shall maintain the following books and registers Cashbook; Ledger; Inward and Outward ledger including postage accounts;